Dexas International v. Hangzhou Rena - Complaint

Case 3:18-cv-00224-L Document 1 Filed 01/29/18 Page 1 of 16 PageID 1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DEXAS INTERNATIONAL, LTD., §

§
Plaintiff, §
§ Civil Action No.
vs. §
§
HANGZHOU RENA §
PET PRODUCTS CO., LTD and §
MIDWEST MARKETPLACE OKC, INC. §
dba HEARTLAND TEES, §
§ JURY DEMANDED
Defendants. §
ORIGINAL COMPLAINT WITH REQUEST FOR

PERMANENT INJUNCTIVE RELIEF AND DAMAGES AND JURY DEMAND
Plaintiff, Dexas International, Ltd. (“Dexas”), for its complaint against Defendants
Hangzhou Rena Pet Products Co., Ltd. (Hangzhou) and Midwest Marketplace OKC, Inc. dba
Heartland Tees, (Heartland Tees) alleges as follows:
I. NATURE OF THE CASE
1. This is an action at law and in equity for patent infringement arising under the
Patent Act, 35 U.S.C. § 271 et seq., and for trademark infringement and unfair competition
arising under the Lanham Act, 15 U.S.C. § 1051, et seq.
2. Dexas is the creator of an innovative and popular line of pet care and pet travel
products known as Popware® for Pets. This line includes, among other distinctive designs, the
Dexas MUDBUSTER™ portable dog paw cleaner, which is at issue in this case. The
MUDBUSTER™ design is protected by United States Design Patent No. D799,126 (“the ‘126
Patent”). MUDBUSTER™ is a common law trademark used in commerce by Dexas.
3. Hangzhou and Heartland Tees are substantially copying without authorization the
Dexas distinctive MUDBUSTER™ design, and are manufacturing, importing, offering for sale,
1
and/or selling a product (Accused Product) that is confusingly similar to the MUDBUSTER™
product design. Heartland Tees also made an exact copy of a portion of a Dexas
MUDBUSTER™ advertising video showing the MUDBUSTER™ product and using the
MUDBUSTER™ trademark, and spliced it into a Heartland Tees advertising video that also
shows the Accused Product. The resulting Heartland Tees advertising video shows both the
Dexas MUDBUSTER™ product and trademark, and the Heartland Tees Accused Product, and
represents that they are the same product. Hangzhou and Heartland Tees also are using an image
of the Dexas MUDBUSTER Product in their Internet advertising and marketing for the Accused
Product. Hangzhou and Heartland Tees are infringing on the ‘126 Patent, infringing on the
MUDBUSTER™ trademark, and/or committing unfair competition, for which Dexas seeks
damages and an injunction.
II. THE PARTIES
4. Dexas is a limited partnership with its principal place of business at 585 South
Royal Lane, Suite 200, Coppell, TX 75019-3807.
5. On information and belief, Hangzhou is a corporation organized and existing
under the laws of Zhejiang Province, Mainland China, with a principal place of business at Rm.
503, Developing Building, Nanyuan Yuhang District, Hangzhou, Zhejiang, China (310000).
6. On information and belief, Defendant Midwest Marketplace OKC dba Heartland
Tees (“Heartland Tees”) is a corporation organized and existing under the laws of the State of
Oklahoma, with a principal place of business at 3600 SW 123rd Ct, Oklahoma City, OK 73170.
III. JURISDICTION AND VENUE
7. This is an action for patent infringement, trademark infringement, unfair
competition, and false designation of origin. This action arises under the Patent Act, 35 U.S.C. §
1, et seq. and the Trademark Act of 1946, 15 U.S.C. § 1051, et seq. (“the Lanham Act”).
2
8. This Court has subject matter jurisdiction over this action pursuant to at least 28
U.S.C. §§ 1331, 1338(a) & (b), and 1367(a).
9. The Court has personal jurisdiction over Hangzhou because Hangzhou has
purposefully used intermediators to sell one or more Accused Products in the State of Texas
through the stream of commerce and purposefully directed its activities at Texas residents and
the residents of this Judicial District by placing Accused Products into established distribution
channels with expectation that they would be sold throughout the United States, including Texas
and this Judicial District. Further, Hangzhou offers for sale Accused Products and uses images
of the Dexas MUDBUSTER™ product to advertise, market, and offer for sale the Accused
Product at: (all links in this complaint were last accessed on January 26, 2018).
https://www.aliexpress.com/item/New-Pet-Foot-Washer-Cup-Dog-Foot-Wash-Tools-Soft-
Gentle-Silicone-Bristles-Pet-Brush-Quickly/32829736721.html
and residents of the State of Texas and this Judicial District can and have viewed the Accused
Product at this website address. The Hangzhou website indicates that many Accused Products
have been sold and shipped to the United States, including at least one into the State of Texas and
this Judicial District. The website address indicates that the Accused Product can be shipped for
free into the United States, and Hangzhou therefore advertises and markets the Accused Product
with the knowledge and intent that it can be sold and shipped to the United States, including the
State of Texas and this Judicial District.
10. The Court has personal jurisdiction over Heartland Tees because Heartland Tees
advertises, markets, and offers for sale an Accused Product that look substantially similar to the
Dexas MUDBUSTER™ product on the world wide web at:
https://heartlandtees.com/products/pet-foot-washer-cup
and Heartland Tees uses images of the Dexas MUDBUSTER™ product and/or MUDBUSTER™
3
trademark to advertise, market, and offer for sale the Accused Product at:
https://www.youtube.com/watch?v=VQy6SQ8gZlY&feature=youtu.be and
https://heartlandtees.com/products/pet-foot-washer-cup
Both of these website locations can and have been accessed by residents of the State of Texas
and this Judicial District, and Heartland Tees has sold the Accused Product for delivery into the
State of Texas and this Judicial District. Heartland Tees advertises and markets the Accused
Product with the knowledge and intent that it be distributed and sold within the United States,
including this Judicial District.
11. Venue is proper in this District against Hangzhou under 28 U.S.C. § 1391(c)(3)
because Hangzhou is a foreign corporation not resident in any district in the United States.
Venue is proper against Heartland Tees pursuant to 28 U.S.C. § 1391.
IV. FACTUAL ALLEGATIONS
12. Dexas is a Texas-based designer and manufacturer of cutting boards, kitchen tools
and gadgets, storage clipboard cases, and pet care and pet travel products. Dexas provides these
innovative product designs to the world's leading retailers.
13. Based on the design innovation of the popular Dexas Popware® collapsible
strainers and colanders kitchen products, Dexas created the Popware® for Pets line of pet care
and pet travel products. These products include the MUDBUSTER™ portable dog paw cleaner,
an adjustable pet feeder, collapsible travel cup, BrushBuster™ pet brush, collapsible kennel
bowl, collapsible KlipScoop™ food scoop, and Pooch Pouch™ carrier.
14. Dexas invests great time and expense to bring their customers innovative and
well-designed products for their personal use. To protect this investment, a core component of
the Dexas business model is patent and intellectual property protection and enforcement.
15. On October 3, 2017, the United States Patent and Trademark Office duly and
4
legally issued Design Patent No. D799,126 entitled "Pet Paw Washer," ("the '126 Patent"). A
true and correct copy of the ‘126 Patent is attached hereto as Exhibit 1. The ‘126 Patent covers
the Dexas MUDBUSTER™ portable dog paw cleaner and all substantially similar copies.
16. Dexas is the exclusive licensee of the ‘126 Patent. The exclusive license includes
the right to manufacture, import, export, sell and offer for sale, products which are covered by
the ‘126 Patent, and all rights to sue, including but not limited to injunctive relief and recovery of
monetary damages for infringement, for any past or future infringement of the ‘126 Patent.
17. Dexas markets and advertises the MUDBUSTER™ portable dog paw cleaner
under the MUDBUSTER™ trademark.
18. Heartland Tees advertises the Accused Product on the World Wide Web at:
https://www.youtube.com/watch?v=VQy6SQ8gZlY&feature=youtu.be
A still image from a marketing and advertising video posted, sponsored, and/or authorized by
Heartland Tees at:
https://www.youtube.com/watch?v=VQy6SQ8gZlY&feature=youtu.be
showing the Accused Product is set forth below and attached to this complaint as Exhibit 2.
Image from Heartland Tees Advertising Video
5
19. An additional still image from the same Heartland Tees advertising video is set
forth below and attached to this complaint as Exhibit 3. This image depicts the Dexas
MUDBUSTER™ product that contains the design claimed in the ‘126 Patent. It also shows the
URL for Heartland Tees (www.heartlandtees.com) and the Dexas MUDBUSTER™ trademark.
Image from Heartland Tees Advertising Video showing Dexas MUDBUSTER™ Product
20. The still image from the Heartland Tees advertising video depicting the Dexas
MUDBUSTER™ product is, except for the text and red and blue squares added by Heartland
Tees, exactly the same as that shown on the Dexas MUDBUSTER™ advertising video at:
https://www.youtube.com/watch?v=H773Or9awDQ,
attached hereto as Exhibit 4. The still image from the Heartland Tees video is shown below left
and the still image from the Dexas MUDBUSTER™ video is shown below right.
Heartland Tees Video Image Dexas MUDBUSTER™ Video Image
6
21. As shown above, Heartland Tees made an exact copy of a portion of a Dexas
MUDBUSTER™ advertising video showing the MUDBUSTER™ product and the
MUDBUSTER™ trademark, and then spliced it into a Heartland Tees advertising video that also
shows the Accused Product. The resulting Heartland Tees advertising video shows both the
Dexas MUDBUSTER™ product, the MUDBUSTER™ trademark, and the Heartland Tees
Accused Product, and represents that they are all the same product.
22. Heartland Tees also advertises the Accused Product on the World Wide Web at:
https://heartlandtees.com/products/pet-foot-washer-cup.
An image from this Heartland Tees website shows both the Accused Product and the Dexas
MUDBUSTER™ product. The image from the Heartland Tees website is set forth below and the
full website page is attached to this complaint as Exhibit 5.
Heartland Tees Accused Product Advertising Image
7
23. The website indicates that an image from Dexas MUDBUSTER™ product
advertising was copied and inserted into the Heartland Tees website. The image of the Dexas
MUDBUSTER™ product is shown under the “2 Step” reference just above the words “Gently
Rotate.” The image of the human hands holding a dog’s paw also is taken from a Dexas
MUDBUSTER™ product advertising image, but the Dexas MUDBUSTER™ product has been
replaced with the Accused Product. The image from the Dexas MUDBUSTER™ product
advertising at:
https://www.amazon.com/Dexas-MudBuster-Portable-Cleaner-
Large/dp/B01N52Z30T/ref=sr_1_1_sspa?ie=UTF8&qid=1516916127&sr=81spons&keywords=
paw+washer&psc=1,
also is set forth below and attached to this complaint as Exhibit 6.
Dexas MUDBUSTER™ Product Advertising Image on Amazon.com
24. Hangzhou advertises the Accused Product on the World Wide Web under the
name “Hilou Pet” at least at:
Gentle-Silicone-Bristles-Pet-Brush-Quickly/32829736721.html.
8
An image from this Hangzhou website shows the Accused Product. The image from the
Hangzhou website is set forth below and the full website page is attached to this complaint as
Exhibit 7.
Hangzhou Accused Product Advertising Image Showing Dexas MUDBUSTER™ Product
25. The image also indicates that Hangzhou copied an image from Dexas
MUDBUSTER™ product advertising and inserted it in the Hangzhou website. The image of the
Dexas MUDBUSTER™ product is shown under the “2 Step” reference just above the words
“Gently Rotate.” The image of the human hands holding a dog’s paw also is taken from a Dexas
MUDBUSTER™ product advertising image, but the Dexas MUDBUSTER™ product has been
replaced by Hangzhou with the Accused Product. The image from the Dexas MUDBUSTER™
product advertising at:
https://www.amazon.com/Dexas-MudBuster-Portable-Cleaner-
Large/dp/B01N52Z30T/ref=sr_1_1_sspa?ie=UTF8&qid=1516916127&sr=81spons&keywords=
paw+washer&psc=1,
also is set forth on the following page and attached to this complaint as Exhibit 6.
*****
9
26. The substantial similarity of the ‘126 Patented Design and the Accused Product
design is evidenced by Heartland Tees’ use of both designs in the advertising video to represent
one product and Hangzhou’s use of both designs in its web page advertising to represent one
product. Further, although the ‘126 Patented Design has a rippled/grooved edge on the side of
the lid and the Accused Product Design has a rippled/grooved edge on the top of the lid, the
appearance and location of the ripples/grooves on both the Patented and Accused Product
designs in the context of the overall designs are substantially the same. An ordinary observer,
giving such attention as a purchaser usually gives, would consider the two overall designs to be
substantially the same in light of the prior art.
27. Figure 1 of the ‘126 Patent is set forth on the following page.
*****
10
FIG. 1 of United States Letters Patent D799,126
28. Hangzhou is infringing the ‘126 Patent by making, selling, offering for sale,
importing, and/or using an accused product with an overall design substantially similar to the
overall design claimed in the ‘126 Patent. Infringement is occurring because an ordinary
observer, giving such attention as a purchaser usually gives, would consider the two designs to
be substantially the same in light of the prior art.
Hangzhou’s Accused Product
11
29. Hangzhou’s Accused Product is offered for sale and sold on the Internet at:
Gentle-Silicone-Bristles-Pet-Brush-Quickly/32829736721.html
as shown in the attached Exhibit 7. Hangzhou also sells to U.S. distributors such as Heartland
Tees, who in turn import, offer for sale, and sell the infringing product in the United States at
websites such as:
https://heartlandtees.com/products/pet-foot-washer-cup (Exhibit 5), and
https://www.youtube.com/watch?v=VQy6SQ8gZlY&feature=youtu.be. (Exhibit 2).
V. COUNT I:
Patent Infringement (Hangzhou)
30. Dexas realleges and incorporates the allegations set forth in paragraphs 1 through
29 as though fully set forth at length.
31. Hangzhou is directly infringing, inducing infringement, and/or contributing to the
infringement of the ‘126 Patent by making, selling, offering for sale, importing, and/or using an
Accused Product with an overall design substantially similar to the overall design claimed in the
‘126 Patent. Infringement is occurring because an ordinary observer, giving such attention as a
purchaser usually gives, would consider the two designs to be substantially the same in light of
the prior art.
32. Hangzhou’s infringement has caused Dexas to suffer damages.
33. As an additional remedy, Dexas is entitled to an award of Hangzhou’s total profits
earned from patent infringement.
34. Hangzhou has caused irreparable damage to Dexas by Hangzhou’s acts of
infringement as described above and will continue said acts of infringement unless permanently
enjoined by this Court. Dexas seeks a permanent injunction.
12
35. Dexas has placed the required statutory marking and notice on all products made
and sold by it after the ‘126 Patent issued.
VI. COUNT II:

Trademark Infringement Under § 43(a)
of the Lanham Act, 15 U.S.C. § 1125(a) (Heartland Tees)
36. Dexas realleges and incorporates the allegations set forth in paragraphs 1through
37. Heartland Tees’ use of the Dexas MUDBUSTER™ trademark in its
advertisements, marketing, promotions, offers to sell, sales, and distribution of the Accused
Product, in direct competition with Dexas, violate § 43(a) of the Lanham Act, 15 U.S.C. §
1125(a) and constitute trademark infringement, at least because Heartland Tees has used images
of the Dexas MUDBUSTER™ product and the Dexas MUDBUSTER™ trademark in
connection with the advertisements, marketing, promotions, offers to sell, sales, and distribution
of the Accused Product. Such uses are likely to cause consumer confusion as to the origin and/or
sponsorship/affiliation of the Dexas MUDBUSTER™ product and the Accused Product, at least
by creating the false and misleading impression that the Dexas MUDBUSTER™ product and the
Accused Product are the same product, and that the Dexas MUDBUSTER™ product is
manufactured by, sold by, authorized by, or otherwise associated with Heartland Tees.
38. On information and belief, Heartland Tees’ use of Dexas MUDBUSTER™
product images and the Dexas MUDBUSTER™ trademark, including through reproductions,
copies, and/or colorable imitations thereof, has been intentional, willful, and malicious.
Heartland Tees’ bad faith is evidenced at least by Heartland Tees’ use of video footage produced
by Dexas and that contains the Dexas MUDBUSTER™ product and trademark.
39. Heartland Tees use of Dexas MUDBUSTER™ product images and trademark,
including through reproductions, copies, and/or colorable imitations thereof has caused and,
13
unless enjoined, will continue to cause substantial and irreparable injury to Dexas for which
Dexas has no adequate remedy at law, including at least substantial and irreparable injury to the
goodwill and reputation for quality associated with Dexas, and the Dexas MUDBUSTER™
product and trademark.
40. Dexas is entitled to injunctive relief, and Dexas is also entitled to recover at least
Heartland Tees’ profits, Dexas’ actual damages, enhanced damages, costs, and reasonable
attorney fees under at least 15 U.S.C. §§ 1125(a), 1116, and 1117.
VII. COUNT III:

Unfair Competition and False Designation of Origin Under § 43(a)
of the Lanham Act, 15 U.S.C. § 1125(a) (Hangzhou and Heartland Tees)
41. Dexas realleges and incorporates the allegations set forth in paragraphs 1through
42. Hangzhou and Heartland Tees’ advertisements, marketing, promotions, offers to
sell, sales, distribution, and/or importing of the Accused Product, in direct competition with
Dexas, violate § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) and constitute unfair competition,
false advertising, and false designation of origin, at least because Hangzhou and Heartland Tees
have used images of the Dexas MUDBUSTER™ product in connection with the advertisements,
marketing, promotions, offers to sell, sales, and distribution of the Accused Product. Such uses
are likely to cause consumer confusion as to the origin and/or sponsorship/affiliation of the
Dexas MUDBUSTER™ product and the Accused Product, at least by creating the false and
misleading impression that the Dexas MUDBUSTER™ product and the Accused Product are the
same product, and that the Dexas MUDBUSTER™ product is manufactured by, sold by,
authorized by, or otherwise associated with Hangzhou and Heartland Tees.
43. On information and belief, the use by Hangzhou and Heartland Tees of Dexas
MUDBUSTER™ product images, including through reproductions, copies, and/or colorable
14
imitations thereof, has been intentional, willful, and malicious. Heartland Tees’ bad faith is
evidenced at least by Heartland Tees’ use of video footage created by Dexas and that contains the
Dexas MUDBUSTER™ product and Hangzhou’s use of the Dexas MUDBUSTER™ product
images on Hangzhou’s website.
44. The use by Hangzhou and Heartland Tees of Dexas MUDBUSTER™ product
images, including through reproductions, copies, and/or colorable imitations thereof has caused
and, unless enjoined, will continue to cause substantial and irreparable injury to Dexas for which
Dexas has no adequate remedy at law, including at least substantial and irreparable injury to the
goodwill and reputation for quality associated with Dexas, and the Dexas MUDBUSTER™
product.
45. Dexas is entitled to injunctive relief, and Dexas is also entitled to recover at least
Hangzhou’s and Heartland Tees’ profits, Dexas’ actual damages, enhanced damages, costs, and
reasonable attorney fees under at least 15 U.S.C. §§ 1125(a), 1116, and 1117.
VIII. PRAYER FOR JUDGMENT AND RELIEF
WHEREFORE, Plaintiff prays for a judgment against Hangzhou and Heartland Tees as
follows:
a. That U.S. Design Patent No. D799,126 is valid and enforceable;
b. That Hangzhou has infringed U.S. Design Patent No. D799,126;
c. An award of damages to Dexas against Hangzhou for infringement of U.S. Design
Patent No. D799,126 under 35 U.S.C. § 284 or § 289;
d. That Hangzhou, its agents, servants and employees and all those in privity,
concert, or participation with any of them, be permanently enjoined from infringing U.S. Design
Patent No. D799,126;
15
e. That Heartland Tees has engaged in trademark infringement in violation of §
1125(a) of Title 15 in the United States Code;
f. An injunction against further acts of trademark infringement by Heartland Tees;
g. An award to Dexas of Heartland Tees’ profits, Dexas’ actual damages, enhanced
damages, costs, and reasonable attorney fees under at least 15 U.S.C. §§ 1125(a), 1116, and 1117.
h. That Hangzhou and Heartland Tees have engaged in unfair competition and false
designation of origin in violation of § 1125(a) of Title 15 in the United States Code;
i. An injunction against further acts of unfair competition and false designation of
origin by Hangzhou and Heartland Tees;
j. An award to Dexas of Hangzhou’s and Heartland Tees’ profits, Dexas’ actual
damages, enhanced damages, costs, and reasonable attorney fees under at least 15 U.S.C. §§
1125(a), 1116, and 1117.
k. An award of prejudgment and post judgment interest and costs to Dexas; and
l. Such other and further relief as the Court deems proper and just.
IX. DEMAND FOR JURY TRIAL
Dexas, pursuant to Rule 38(b) of the Federal Rues of Civil Procedure, demands a trial by
jury on all issues triable by right by a jury.
Respectfully submitted,
/s/ Robert G. Oake, Jr.

Robert G. Oake, Jr.
Texas State Bar No. 15154300
OAKE LAW OFFICE
700 S. Central Expy., Suite 400
Allen, Texas 75013
(214) 207-9066
rgo@oake.com
Attorney for Dexas International, Ltd.
16
Case 3:18-cv-00224-L Document 1-1 Filed 01/29/18 Page 1 of 8 PageID 17
EXHIBIT 1
EXHIBIT 2

Image from Heartland Tees Advertising Video

EXHIBIT 3
Image from Heartland Tees Advertising Video showing Dexas MUDBUSTER™ Product
EXHIBIT 4

Dexas MUDBUSTER™ Video Image
EXHIBIT 5
! (877) 414-6862 (TEL:(877) 414-6862)
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Description
The small washer is perfectly sized for smaller dogs: it measures 4.45 inches tall and 3.5 inches wide
To use, add a little water and hand sanitizer, insert the muddy paw, dab the paw dry，repeat for 3 more paws
Before touching furniture or carpets, remove the mud, sand, dirt, and ice from the dog's claws and quickly remove other harmful bacteria and chemicals
Rest assured that the dog will go outdoors, play in the park, run and walk, because the soft silicone brush can quickly remove dirt from the dog's paws.
Simple and easy to use, just rinse and keep on hand for next muddy encounter. BPA free
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Home > All Categories > Home & Garden > Pet Products > Dog Grooming > Dog Combs
New Pet Foot Washer Cup Dog Foot Wash Tools

Soft Gentle Silicone Bristles Pet Brush Quickly
Clean Paws Muddy Feet
4.9 (74 votes) 816 orders
Price: US $9.90 / piece

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Item specifics
Brand Name: HILOU PET Material: Plastic
Type: Dogs Color: Pink/Blue/Green
Material: Plastic/Silicone Features: Funny/Portable/Easy to clean
Product Description
Pet Dog Stainless Steel Classic Double Blades Multi-purpose Pet Com Funny Cat Kitten Pet Pl
Curved Blade Comb Gr Side Pet Fur Dog Brush b Dog Hair Remover Br ay Tents Tunnel Playgr
ooming
USD 8.00Brush Cat Hair
8.00/piece Cat
USD Grooming
13.04 Deshedd
13.04/piece ush
USDGrooming Tools Co
6.63-8.53
6.63-8.53/piec ound
USD Toys Outdoor Fol
6.43-7.35
6.43-7.35/piec
Clipper Remove Float H ing Trimmer Tool Dog C e
mb Hair For Pet Supply e
dable Cat Tunnel Comb
air Comb Pet Supplies omb Pet Brush Rake Furminators inable Toys for Cat
Removable Pet Comb Pet Cat Brush Comb Pl New Pet Foot Washer C New Colorful ABS High-
Dog Hair Remove Exce ay Toy Plastic Scratch B up Dog Foot Wash Tool Grade Stable Durable 5
ss
USDHair6.35-8.17
Tools Comb Hai
6.35-8.17/piec ristles
USD 5.93Arch Self-Groom
5.93/piece sUSD
Soft 9.31
Gentle Silicone B
9.31/piece Meter Automatic Retra
USD 11.81
11.81/piece
e
r For Pet Supply Detac er Massager Scratcher ristles Pet Brush Quickl ctable Dog Traction Ro
hable Hair Clipper With Catnip Nailed to y Clean Paws Muddy Fe pe Leashes Pet Leads
Wall et
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Items Description
Brand name: Hilou Pet
Color: Green/Blue/Pink
Material: Plastic/Silicone
Features: Funny/Portable/Easy to clean
Item Size
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Company Information
Hangzhou Rena Pet Products Co., Ltd. Was established in 2008. Our company is located in Hangzhou, two hours'
drive from Shanghai and Ningbo port. Since then, We always specialize in producing all kinds of pet products. And we
have achieved a rapid growth in pet business now.
Our main products are included pet bed, petDocument
Case 3:18-cv-00224-L clothes, pet
1-7 toys
Filedand cat tree
01/29/18 in our
Page 14 ofown
16 factory. Now we have over 110
PageID 51
workers and 6000 square meters area. The production capability reaches 30pcs 40ft containers per month. On
another way, we also do trade business of all kinds of other pet products. They are included pet collar & leashes, pet
brushes, pet feeders, cat toys, small animal accessories, bird and fish accessories.
Good Quality, good service, good price and good credit are our business principle. Base on that, our products have been
sold to North American, European, Asia and Australia .Moreover, we have enjoyed a good reputation in these marketing.
For developing more business with our old and new customers, we have established our own sourcing and design
department for new pet items in every day.
Our aim is to be a world class supplier to wold class customers and to exceed our customer’s expections in quality,
delivery and cost through continuous improvement and customer interaction.
Packaging Details
Unit Type: piece Package Weight: 0.35kg (0.77lb.)
Package Size: 20cm x 20cm x 20cm (7.87in x 7.87in x 7.87in)
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Dexas International v. Hangzhou Rena - Complaint

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Dexas International v. Hangzhou Rena - Complaint

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Case 3:18-cv-00224-L Document 1 Filed 01/29/18 Page 1 of 16 PageID 1

IN THE UNITED STATES DISTRICT COURT

DEXAS INTERNATIONAL, LTD., §

ORIGINAL COMPLAINT WITH REQUEST FOR

Heartland Tees, (Heartland Tees) alleges as follows:

I. NATURE OF THE CASE

arising under the Lanham Act, 15 U.S.C. § 1051, et seq.

Patent”). MUDBUSTER™ is a common law trademark used in commerce by Dexas.

damages and an injunction.

II. THE PARTIES

Royal Lane, Suite 200, Coppell, TX 75019-3807.

5. On information and belief, Hangzhou is a corporation organized and existing

6. On information and belief, Defendant Midwest Marketplace OKC dba Heartland

III. JURISDICTION AND VENUE

7. This is an action for patent infringement, trademark infringement, unfair

U.S.C. §§ 1331, 1338(a) & (b), and 1367(a).

State of Texas and this Judicial District.

Dexas MUDBUSTER™ product on the world wide web at:

including this Judicial District.

Venue is proper against Heartland Tees pursuant to 28 U.S.C. § 1391.

IV. FACTUAL ALLEGATIONS

innovative product designs to the world's leading retailers.

bowl, collapsible KlipScoop™ food scoop, and Pooch Pouch™ carrier.

under the MUDBUSTER™ trademark.

Heartland Tees at:

Image from Heartland Tees Advertising Video

Heartland Tees Video Image Dexas MUDBUSTER™ Video Image

MUDBUSTER™ advertising video showing the MUDBUSTER™ product and the

full website page is attached to this complaint as Exhibit 5.

Heartland Tees Accused Product Advertising Image

also is set forth below and attached to this complaint as Exhibit 6.

Dexas MUDBUSTER™ Product Advertising Image on Amazon.com

name “Hilou Pet” at least at:

Hangzhou Accused Product Advertising Image Showing Dexas MUDBUSTER™ Product

product advertising at:

Dexas MUDBUSTER™ Product Advertising Image on Amazon.com

substantially the same in light of the prior art.

FIG. 1 of United States Letters Patent D799,126

be substantially the same in light of the prior art.

Hangzhou’s Accused Product

websites such as:

https://heartlandtees.com/products/pet-foot-washer-cup (Exhibit 5), and

https://www.youtube.com/watch?v=VQy6SQ8gZlY&feature=youtu.be. (Exhibit 2).

29 as though fully set forth at length.

31. Hangzhou is directly infringing, inducing infringement, and/or contributing to the

the prior art.

32. Hangzhou’s infringement has caused Dexas to suffer damages.

33. As an additional remedy, Dexas is entitled to an award of Hangzhou’s total profits

earned from patent infringement.

34. Hangzhou has caused irreparable damage to Dexas by Hangzhou’s acts of

enjoined by this Court. Dexas seeks a permanent injunction.

and sold by it after the ‘126 Patent issued.

VI. COUNT II:

35 as though fully set forth at length.

37. Heartland Tees’ use of the Dexas MUDBUSTER™ trademark in its

of the Dexas MUDBUSTER™ product and the Dexas MUDBUSTER™ trademark in

38. On information and belief, Heartland Tees’ use of Dexas MUDBUSTER™

product and trademark.

attorney fees under at least 15 U.S.C. §§ 1125(a), 1116, and 1117.

VII. COUNT III:

40 as though fully set forth at length.

42. Hangzhou and Heartland Tees’ advertisements, marketing, promotions, offers to

authorized by, or otherwise associated with Hangzhou and Heartland Tees.

MUDBUSTER™ product images, including through reproductions, copies, and/or colorable

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